High Court Kerala High Court

Nalini vs State Of Kerala on 10 March, 2010

Kerala High Court
Nalini vs State Of Kerala on 10 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 890 of 2010()


1. NALINI, D/O.RAMAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.R.GOPAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/03/2010

 O R D E R
                       K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No. 890 of 2010
                 ------------------------------------
              Dated this the 10th day of March, 2010


                            O R D E R

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is accused

No.2 in Crime No.762/2009 of Vizhinjam Police Station.

2. The offences alleged against the petitioner are under

Sections 420 and 468 read with Section 34 of the Indian Penal

Code.

3. Accused No.1 is the husband of accused No.2. The

prosecution case is that on 18.08.2008, accused Nos.1 and 2

entered into an agreement for sale with the de facto

complainant. The former agreed to sell an item of immovable

property to the de facto complainant. It is alleged that before

entering into the agreement dated 18.08.2008, the property was

already sold by accused No.1 on 31.05.2008 to a stranger. The

allegation is that by agreeing to sell the land which was already

sold to another person, the accused persons cheated the de

facto complainant.

B.A. No. 890 /2010 2

4. It is submitted by the learned counsel for the petitioner

that the petitioner is not the owner of the land at all and

therefore, the case put forward against her is not true. The

counsel also submitted that accused No.1 was arrested and he

was released on bail. The counsel pointed out that the de facto

complainant had filed a complaint before the Magistrate’s Court

and it was forwarded to the police for investigation under

Section 156(3) of the Code of Criminal Procedure. It is

submitted that only to harass the petitioner and thereby to gain

advantage, she has been made an accused.

5. Taking into account the facts and circumstances of the

case, the nature of the offence and other circumstances, I am of

the view that anticipatory bail can be granted to the petitioner.

There will be a direction that in the event of the arrest of the

petitioner, the officer in charge of the police station shall release

her on bail on her executing bond for Rs.15,000/- with two

solvent sureties for the like amount to the satisfaction of the

officer concerned, subject to the following conditions:

A) The petitioner shall appear before the
investigating officer for interrogation as and
when required;

B.A. No. 890 /2010 3

B) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.

C) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail.

D) In case of breach of any of the conditions
mentioned above, the bail shall be liable to be
cancelled.

The Bail Application is allowed to the extent indicated

above.

K.T. SANKARAN, JUDGE

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